Mica Nguyen Worthy of Cranfill Sumner LLP Submits First-of-its-Kind Claim to NASA Seeking Recovery From Damages Sustained From Space Debris
21 Junio 2024 - 2:50PM
Business Wire
A precedent setting case that could set the
standard for the future of space debris claims in both the public
and private sectors
On May 22, 2024, Mica Nguyen Worthy, a Partner with Cranfill
Sumner LLP, submitted a claim to NASA to recover for her clients’
damages resulting from a space debris incident involving property
owner, Alejandro Otero and his family.
On March 8, 2024, a piece of space debris hit the family home of
Alejandro Otero, while his son Daniel was present and left a
sizable hole from the roof through the sub-flooring. The space
debris was confirmed by NASA to be from its flight support
equipment used to mount the batteries on the cargo pallet.
The Oteros retained Worthy to navigate the insurance and legal
process and to make a formal claim against NASA. The damages for
the Otero family members include non-insured Property Damage loss,
Business Interruption damages, Emotional/Mental anguish damages,
and the costs for assistance from third parties required in the
process. Additionally, the Oteros’ homeowner’s insurance carrier
submitted a simultaneous claim for the damages to the property that
it had subrogated.
“Space debris is a real and serious issue because of the
increase in space traffic in recent years,” Worthy emphasized. She
had previously written on the Kessler Effect, where the density of
space debris in low Earth orbit becomes so great as to cause
catastrophic collisions and a “cascading” effect of damage both in
orbit and on the surface of the Earth. This space debris claim is
historical in that it involves a “real life example” of the
consequences of space debris surviving to the Earth’s surface. How
NASA responds to her claim will form the foundation upon which the
legal landscape in this field will be built. Worthy said, “My
clients are seeking adequate compensation to account for the stress
and impact that this event had on their lives. They are grateful
that no one sustained physical injuries from this incident, but a
‘near miss’ situation such as this could have been catastrophic. If
the debris had hit a few feet in another direction, there could
have been serious injury or a fatality.”
Worthy, a Partner in the Charlotte office of Cranfill Sumner LLP
and Chair of the firm’s Aviation & Aerospace Practice Group,
worked with her litigation team with experience in handling claims
to prepare the Federal Torts Claim Act (“FTCA”) submission with
proofs of loss to NASA to fully articulate a negligence claim on
behalf of her clients. However, Worthy also implored NASA to
consider that persons in the U.S. should not have to make a claim
under a negligence legal theory when the U.S. government has
committed to being “absolutely liable” under international treaty
law for damage to persons or property on the surface of the Earth
caused by its space objects.
“If the incident had happened overseas, and someone in another
country were damaged by the same space debris as in the Oteros’
case, the U.S. would have been absolutely liable to pay for those
damages under the Convention on International Liability for Damage
Caused by Space Objects also known as the ‘Space Liability
Convention.” We have asked NASA not to apply a different standard
towards U.S. citizens or residents, but instead to take care of the
Oteros and make them whole,” she said. “Here, the U.S. government,
through NASA, has an opportunity to set the standard or ‘set a
precedent’ as to what responsible, safe, and sustainable space
operations ought to look like. If NASA were to take the position
that the Oteros’ claims should be paid in full, it would send a
strong signal to both other governments and private industries that
such victims should be compensated regardless of fault.”
Under the FTCA, NASA will have six months to respond to the
claims.
In the meantime, Worthy has further engaged in the conversation
with several other space law experts in the space community,
especially considering recent news events with additional space
debris landing in North Carolina. This topic of conversation and
dialogue advances the evolving legal landscape in the field.
ABOUT CRANFILL SUMNER LLP
With more than 80 attorneys and 27 practice areas, Cranfill
Sumner LLP attorneys serve business and professional clients
locally, nationally, and internationally. Founded in 1992, the firm
was built on the foundation of teamwork, client service, and
reputation, and it continues that legacy today. The firm has
offices in Raleigh, Charlotte and Wilmington, North Carolina, and
Washington, D.C., and represents clients in all stages of
litigation before federal and state courts, as well as before
select administrative agencies. Whether it’s for privately held
companies, municipal entities, small-business owners or
partnerships, the “Cranfill way” includes practical and efficient
representation tailored for each client. For more information,
visit www.cshlaw.com.
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Heather Shepherd 919-604-3050